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Juror Q & A- LaViollette (4/12)

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  1. Please explain why you feel Jodi is not manipulative either before or after the killing based on the review of statements and interviews.

Based on the information that I have,  (ummm) I don’t see a pattern of manipulation the way I would define it.  (umm)I haven’t seen that in terms of her trying to… (uh) and I’m not sure exactly what this is in  reference to so it’s a hard question for me to answer but I think anybody can be manipulative. What I look for are patterns and I didn’t see them in the materials that I read in terms of her relationship with Mr. A. so   I’m not sure how else to answer that.

**OK- I will skip the ‘uhs,’ ‘ums’ etc. Just so you know her sentences don’t always make sense. I also might paraphrase or skip a tangent. I will put  ‘>>>’ when I skip tangents…and this is close to a transcript- paraphrased somewhat.

  

 

  1. On the one side, we have demeaning multiple verbal slurs, a slap, a shove, a chokehold and a lunge perpetrated on Jodi. On the other, we have a gunshot to the head, a 4” deep slit throat and close to 30 stab wounds delivered by Jodi to Travis. Is not the perpetrator of the greatest domestic violence Jodi?
    I think what happened to Mr. A. is horrific <Objection> I think that self-defense <O> Judge repeats: Is not the perpetrator of the greatest DV Jodi? (waiting…) “No.”

 

 

 

      3.  In the hypothetical given by Mr. Martinez is it possible Travis was the one who told Jodi he wanted her to leave…if that were true then isn’t it likely Travis never hit her that day?     I can only go on the materials that I’ve read, (that were available to me) and when I look at that…ya know I don’t have face to face corroboration that he hit her that day. What I have is evidence that as she began to pull away things escalated.

 

      4. When Jodi went to confront Bianca about being with Matt can’t that be seen as  she did it because she was jealous?     It could be seen that way.  (Repeat). The nature of the confrontation didn’t seem to be hostile.  From either Jodi’s report Mr’ McCartney’s …so in that way she could have been motivated by jealousy but the confrontation or the talk didn’t seem to be hostile.

 

      5. Jodi went through Travis’ emails, messages and inbox (MySpace). Did you take any of that into consideration when making your assessment?     Yes I did.

 

      6. You bought Miss Arias books, apologized upon meeting her, and ordered her a magazine subscription. Did you do anything else to establish a relationship with Jodi?     Simply talking to her and meeting with her>>>spending the hours talking in jail with her but no, nothing else.

 

      7. Have you given her anything else?    No I haven’t.    Have you ever had any physical contact with her? Hugs, friendly touching etc?     I don’t think so, I might have touched her arm…in jail there’s a screen… and that was my meetings with Jodi…other than what you see in court.

 

      8. How do you know Jodi received spider man underwear from Travis on Valentines day? Did you see them? Pictures? Or anything else? The only thing I saw was the text message…she was bringing the Spiderman underwear.

 

       9. How many men have you testified for in criminal court?    I haven’t testified much in Criminal Court>>>so 1 or 2.

 

     10. If you had been given access to everything except interviews with Jodi how would your opinion have varied, if at all?     I think that um, well, I could have come to the same conclusion because part of what I read about the interactions between JA and TA, other women and TA, the Hughes’s responses, parts of his journals, first page of MySpace, and collateral interviews.

    

     11. Would you have adjusted your belief in the level of abuse if you had been given access to everything except the interviews with Jodi?     No because given my experience (and those she works with) the level of psychological abuse and character assassination was incredibly high in this case. (Gives example).

 

     12. Other than what Jodi has told you, in what other sources did you see evidence of physical violence by Travis?      I actually didn’t see other evidences of physical violence by TA, other than what JA told me.

 

     14. Would your analysis of this relationship change if, hypothetically speaking, you found out the stories of Travis being violent and masturbating to children were made up?      I would still rely on what I knew about the psychological abuse- (she goes into her working with victims) ….they say psychological abuse is worse than physical.

 

 15. Regarding non-verbal communication, do you think that you can read through a string of text messages, emails etc between two people and know exactly what the non-verbal communication is?      No.

 

     16. How do you know tone, meaning, inside jokes etc. if you cannot get both sides of the story?       Well there would be no way for me to interview Mr. A. but I read so much of what he put together (she talks about history –written documents) …rely on the written evidence and I had a fair amount that I relied on.

 

17. You said other sources said Jodi was not manipulative, who are these sources? Mr. McCartney and Mr. Brewer (previous boyfriends) she had longer term relationships with and when she was older I didn’t read about her being manipulative to her sisters or brothers…there was this period when she was young and a teenager (teens can be manipulative) …but as an  adult I didn’t hear her described that way at all.

 

18. When interviewing Jodi you claimed you did not asking leading questions. If someone asks a simple question that elicits a simple y/n response, would you consider that a leading question?     Gosh I’ve been asked a lot of y/n questions and I think they’re questions, I don’t think they’re leading questions. … I work very hard not to do that.

 

19. You say Travis has no indication of being stalked. He displays no fearful behavior and continues his contact with Jodi of his own accord. How do you reconcile Jodi’s claim of DV if she continues her contact with Travis of her own accord…where was her fearful behavior?      Domestic Violence and stalking… tend to be different. …Battered women go back and forth…you don’t see people leave and stay gone and their fear develops over a longer time.  Stalking- fear tends to develop in a shorter time…real stalking occurs when end of the relationship. And no more contact is desired. >>>

 

20. Do you consider someone who says: “no jury will ever convict me” to be a person with low self esteem?     It sounds like a really foolish statement to me…I don’t know what to say about self esteem but it doesn’t seem like a good statement to make…

 

21. How can you say that Jodi and Travis’ relationship was abuse with no proof other than name calling on paper and Jodi’s word?       It’s the degree of name calling and putting down, the level of escalation. And the words of his 2 closest friends, his relations with other women…so it’s not just from JA’s words>>>those kind of words I don’t think anyone would want their daughter called those kind of words>>>they would see it as abusive.

 

22. Do you handle cases where the female is the abuser?      Yes I do.

 

23. Did Travis discuss abuse of Jodi or any other women in his journal entries?      No, he didn’t.

 

24. In all the evidence you reviewed, was there any indication anywhere of Travis claiming stalking by anyone else other than Jodi?      No, I don’t believe so.

 

25. Of the times you have testified in other cases, how many of these were in def. of men?  Not just criminal, I’ve also worked in family law…of the 18 times I’ve testified that I have worked 3 or 4 and defense has a broader brush… referrals I’ve had men accused of beating their wife and children  and I’ve worked with the attorney and also intervention//  (//means Mr. Martinez objected and the Judge moved on to the next question)

 

26. What is the manifesto you referred to during your testimony?      I actually don’t know because I’ve never seen it.

 

27. Is there a type of stalking… that a person is comfortable around someone in person but are afraid of them or what they are capable of when they are not around?
There’s …when you look at abuse…and battering…when moving apart and coming back together – there’s disbelief the relationship is going to end. There might even be a protective order, they might meet again for dinner- very common. Still some back and forth, that’s not stalking. Once the stalker realizes you mean business…that’s when their behavior will escalate and get worse.

 

28. When speaking of blackmail and being threatened, are you aware that Jodi threatened Travis by saying she would let out that he was a pedophile?      I was not aware of that.   Does that mean anything to you?      Yes, of course it means something to me, yes.

 

29. You stated it would be beneficial for Jodi to write things she was lying about in her journal, to buck up her story. How would she write about these things if her story didn’t change until well after the killing hypothetically speaking?       If she had planned something …on being separate from Travis, it seems like she would use, she would be building up a story that would use all this. I don’t see a plan here to separate from Travis and build a self-defense case.

 

30.   Regarding the text from Travis to Jodi where he is upset about her BS story from Michelle or Elena, what exactly was the BS story that Jodi told Travis?       The ‘B.S. story’ the woman came into the restaurant and told Jodi that Travis was with Lisa…(which was true). Where did you get this info?   ….came from the communications.  What Jodi gave me and what Lisa wrote, so it wasn’t a B.S. Story.

You stated that Travis was the one lying in this message, how do you know this for sure?      Because I read the information from Lisa…so there was corroboration. How can you know that Jodi’s B.S. story was not a lie? (Not the subject but the actual story that was told.)      I can’t I don’t know the story that was told to Travis.

 

31. You seem to believe that when the argument began between Jodi and Travis prior to the Havasupai trip that he called her upstairs that he only wanted to pursue an argument. How do you know he didn’t want to get the issue resolved and calm her and may have been embarrassed in front of the Freemans?      I don’t know that and I didn’t use heavily in my assessment.

 

32. Can you explain how Ms. Arias can remember physical abuse incidents so vividly but does not write anything, not even a reference to her feelings, in her journal?      About the incidents? (Judge re-reads) I believe, well, there were different places she wrote references to her feelings…I can’t explain what somebody does…can’t explain what they don’t write down.

 

33. You testified writings could have supported her statements however, is it possible the incidents of abuse reported by Jodi were reported after the fact as a secondary gain to benefit her?     That’s possible, that’s possible. I didn’t rely just rely on her oral or verbal report.

 

34. Do you have any evidence other than Jodi’s word that Travis made her tear out pages and write only positive thoughts?     No I didn’t.

 

35. Who, from Jodi’s past did you interview that were able to rule out Jodi’s manipulative behavior being a pattern?      I wasn’t able to interview anyone from her past directly. I was given the interviews that were done at the beginning. There were at least reviewed 20 collaterals, more collateral sources in this case than any case I’ve worked on.

 

36. You told us that you like to meet with each individual before analyzing the relationship. We have heard Jodi’s side of the story. Can you tell us Travis’ side of the story?       Well, by law I can’t interview//  Travis’ family. I obviously can’t interview Mr. A. I had 7 hours of unedited footage regarding Mr. A. that people spoke very well of him…with friends and family. Looked at some of the things he did. He was kind and generous, he made people laugh and motivated people. I didn’t feel he was a one-dimensional human being. I feel that there were very good parts of Mr. A.>>>  Mr. A had some outstanding traits.

 

37.  You mentioned that stalking could fall under the abuse and battery columns in your continuum. If that is true why is stalking excluded from those columns? Actually because when I talk about that in training I call that normal stalking – neither party believes each other>>>pull back and forth…common for someone to get a protective order and the partner believes they can keep pushing…until actually enforces the P.O. that they change their mind…they know that they mean business. Is your continuum incomplete?  Why not list all the appropriate bullet points for the appropriate column?      Yes, my continuum is incomplete. It is. I’m messing with it all the time. (Goes on …dead sea scroll…framework…)

 

38. You stated that you have chosen not to take cases in the past because you did not believe an individual. Did you take this case, in part, because you believed Jodi?   Yes.     If you did not believe her would you have chosen to turn it down?      Yes.

If you start out believing in an individual doesn’t that, by default, set up  prejudices towards their partner?          No, because I’ve had cases where as I’ve pursued them I’ve found them not credible and I’ve talked to the attornies  …if I don’t find enough credible evidence I don’t testify>>>I don’t have a great retirement after 34 years //

 

 

39. You stated that regarding anger, it is more common for someone to have a burst of anger, then calm down. Is it possible that Travis’ rants seem longer because they are being viewed in text form?      Actually they go on over a period of 2-3 hours which is pretty long and then follow up with the other//  There were long rants, the longest to me was 2-3 hours- I Think it was the 5/26th, date not as important as the context, there was a follow-up>>> this went on for another, I think for 16 pages or something like that…it’s an extensive length of time.

 

40. Can you explain what you mean by a burst of anger? Can a 10 or 20 minute rant be described as a burst?      A 10-20 minute  could be described as a burst. What you look at (gives example of a case) is what’s in that burst.

 

41. If a couple has an argument that takes all day to end can they still be in a healthy relationship?      Yes, absolutely.   Would that type of argument indicate abuse?      It wouldn’t indicate abuse at all.

   

42.  Is it possible for 2 people to be abusive to each other?     Yes.

 

43. Don’t you believe that Travis making comments about a 12 year old girl while having a phone sex conversation with Jodi is fundamentally different than Travis allegedly masturbating to photos of young boys?      I think it’s different it’s just an unusual comment to make from a 30 year old man about a 12 year old girl.

 

44. Would you characterize your knowledge of June 4, 2008, as light or incomplete? I think some of the details of where something happened  I’m clearer on it now but I knew in general what happened. I was focused on what led up to June 4th and what happened June 4th.

 

45. Are you confused on any of the details of that afternoon?     Well I was, I said that  I believed that the shot was fired in the closet and it wasn’t. I think I know most of he detail.            some of the dates where something happened..I was focused on what led up to June 4th and what happened June 4th.

 

46. Do you think it is deceptive for someone to not share the most private and intimate details of their lives, like their sexual activities, with their friends and family or do you consider it normal to keep those things private?   I think most people keep the details of their sexual lives private.    If normal, why do you think Travis’ attempts to keep those things private is deceptive?      I don’t think him keeping his private life, his sexual life is deceptive. I think putting himself out as someone who obeys the Laws of Chastity and is a 30 year old virgin is deceptive.

 

47. Did you ever see evidence that Jodi was openly sharing all of her most private sexual details with her friends and family? No, I didn’t. Would you consider that deceptive? No, I don’t. She never claimed to be a virgin. Certainly she was part of the Mormon faith and not going along with the Laws of Chastity.

 

48. You say Jodi’s lies started after she killed Travis, how could you possibly know this?      I can only go on the reports of people in her life prior to that, once again primarily the 2 men that she spent most of her adult life with when in her 20’s  (Matt & Derryl) neither described her as a liar.

 

49. Do you believe that Jodi was subjected to sexual degradation at the hands of Travis?      I believe she participated in the relationship, went along with things >> wanted to be in that relationship and went further than she should.

 

50. You stated that you saw no signs of Travis being sexually degraded by Jodi. Noting his desire to see her in Ca., his actions on the sex call and various texts, i-m’s etc. Couldn’t that same argument be made regarding Jodi’s alleged sexual degradation given her desire to see Travis, her actions on the sex call, etc?     Yes, I’ve not heard Jodi say she was sexually degraded and humiliated…not heard her testimony…hasn’t made claims of that.

 

51. Considering only the written conversations and journals (excluding the interview with Jodi) did you see abuse?   Please explain.       I’m confused by that – I’m thinking it’s about  Jodi’s journals and 2 interviews, if I excluded  those things,  I would still see that as abuse.     What level would you place that abuse?    The   verbal abuse was in battering>>>  Definitely battery.

 

52. Considering only the journals, did you see an escalation?      Oh, yeah, I saw an escalation over time the rants longer, put-downs are worse. Him talking about his own anger being scary.

 

53.   You mentioned Travis was in a 7-year relationship with Deanna. Are you aware of anyone interviewing her to determine if she was a victim or survivor?      I don’t know of any interview with Deanna.   I didn’t see anything that indicated that she was a survivor of abuse.       Did you interview her?     No, I did not.

 

54. You keep saying that Jodi doesn’t match your definition of manipulative. Is it possible that your definition of manipulation differs from others?      Yes, yes it is. Is it possible that your definition is wrong?      Sure.

 

55. Yesterday you mentioned Jodi’s behavior towards her mother. Do you honestly believe that hitting and kicking your parents are normal behavior at any age?        No, I don’t believe I said it was normal teenage behavior. I said it was not appropriate teenage behavior. But it is behavior teenagers do. I don’t think it’s good behavior.

The summary for after these questions will follow.

 

Arias trial 4/11-morning session

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Re-Direct- LaViolette/Willmott

Morning:

  1. Sexual humiliation (Travis as the victim). The ‘dildo with a heartbeat’ comment is just one in a long tirade and AL doesn’t base her conclusions on just one comment. Sixteen days before that Travis had phone sex and said he wanted to visit her. May 2 he sent a text about a photo shoot fantasy and was very graphic. Therefore he wasn’t humiliated.
  2. Interview with JM was in Mesa and AL didn’t bring all the boxes of info with her from Ca. The ‘shot in closet’ was in her notes but she now claims JA did not tell her this. It was not “…a big factor in determining domestic violence. AL was not interested in details of the murder and said: “…I made a mistake.”
  3. Matt and Bianca were still dating when JA went to see her. It was ‘not a hostile, angry confrontation’ and JA didn’t call/contact her after that.
  4. The cut finger from cutting apples was a second hand story and was told when JA was still lying about the killing.
  5. JA was not clear about where the knife was and ‘couldn’t remember after the attack at all.’
  6. JA wasn’t jealous as she was pursuing Ryan and others on LDS Link-up.
  7. JW brings up the abuser gets fearful when their partner is trying to leave and this is the most dangerous time. Travis did say in his journal that her moving away would be better for both of them. There was nothing about Travis fearing JA in his journals.
  8. ‘Proof” he was a pedo:

–       Sent her boys underwear (and mentioned in a text).

–       She was clean shaven (waxed) as he preferred.

–       He though pigtails were hot.

–       Had her dress as a schoolgirl.

–       Comment on sex tape about the 12 year old girl.

–       He liked ‘porking the pot of a little girl’ (??)

–       She caught him masturbating to pics of little boys.

  1. JA was with Matt for 2 years and Derryl for 4. They remained friends. She was close to Derryl’s son. JW: “Ever see them accuse her of being a liar?’ AL “No.”

10. Regarding stalking and Travis being in fear: It was just one statement and AL doesn’t rely on just one statement.

11. Travis’ truthfulness:

-Lied about his virginity to the church.

-Portrayed self as a virgin.

-Priesthood holder who didn’t follow the laws of the church.

-Lied to friends and family (re-virgin).

-Dated Lisa and JA at the same time.

-Abusive men hide there abuse from work and family. (So many don’t believe the person really did these things).

-Abuser will be rage-full to those closest to them.

-He had a lot to lose in business and with the Hughes’.

-JA was the only one who knew of his secret life.

      12.  JA’s truthfulness:

              -Lies started after the killing.

              -Lied about being there, then 2 intruders.

      JW: “Do those define her…”AL: “No, they don’t. If (she) was a really goon liar she would have planned a really good lie and she didn’t.”

 

Afternoon session-Jury questions and answers-

This will take me until later tonight to compile. I will post as soon as I am done.

 

Arias Trial Summary 4/9

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Martinez vs. LaViolette

  1. JM gets AL to admit that she based her opinion ‘in part’ on the 44 hrs of talking to JA and that she found her to be “believable.” AL says she did not rule out secondary gain as a motive for JA to lie but that she focused on Domestic Violence (DV).
  2. AL only spoke to one party (JA) and didn’t speak to Travis. JM points out that because she said: “communication is 90% non-verbal” that would mean her assessment is 45% wrong.  AL says: ”No.”
  3. AL admits JA lied after the killing but maintains she was not a liar before that. JM asks who she interviewed to confirm that (no one). JM asks if she ever talked to JA’s Dad. AL: “No.”
  4. Jury is sent out.  JM brings out JA’s Dad on tape saying: “…she’s never been honest with us since then and she was 14.” AL states that this was ‘not something she knew’ and that she wouldn’t use a sound bite as part of her assessment.
  5. Jury in. JM brings up that JA told her that the cuts on her hands right after the murder were from cutting apples. (WOW) Asked if she believed it she says: “I didn’t believe that,” then backtracks and says: “I don’t recall that I focused on that.” JM points out she never checked about this with any other source and mentions this is JA’s  FOURTH story about cutting her finger. Asked if that was a problem for her AL said: “I can’t answer yes or no.”
  6. AL has in her notes: “JA told Derryl she was taking a long trip to Mesa.” She also wrote on her notes: “I thought this was a last minute decision.” AL admits she wasn’t concerned about this after talking to JA and reading other evidence.
  7. JM gets AL to admit (after a long pause to think about the criminal cases she’s been on, and because it’s apparently been a while) she bases her opinions primarily on paperwork. (Not interviews).
  8. Apparently a Manager at ‘The Purple Plum’ called JA a manipulator in particular with men. But because no one said that about her at Casa Ramos AL says that is not a characteristic of JA’s. JM says she was manipulative with Ryan right after the murder. AL did say she could be manipulative at times but when JM then says:  Then it stands to reason she was manipulative 2 weeks earlier-the day of the murder.” She responds: “It doesn’t stand to reason.”
  9. JM gets in that a friend of JA’s from High School said she was not abused and she liked to play the victim. AL say’s that’s one person’s opinion.

10. JM asks if she thinks the Text she made up was used to ‘get a rise out of Mr. Alexander.’ She says it’s possible.

11. Apparently AL believes that making out with Ryan was to ‘make JA feel normal.’

12. AL admits she didn’t ask JA certain questions because she was ‘old fashioned.’ She points out she did listen to the sex tape. JM brings out the Tape recording of his interview with her where she says she didn’t ask who initiated the anal sex (with Matt or Bobby) because she’s ‘old fashioned.’

 

Afternoon Session

  1. Jury is out. Hearing on the recording of JA’s Dad and Det. Flores. JM asks if knowing about her lying to her parents changes her opinion. AL: “No it doesn’t.” JM says AL’s work on this case is ‘shoddy’ and her opinion ‘flawed.’ JA saw herself as the victim. The Judge rules the state may ask if her opinion is altered by this evidence.
  2. Jury in. JM asks AL if it’s a problem re: JA’s truthfulness. AL: “Correct.” JM says she was playing the victim even though she wasn’t abused <Sidebar> as a teen. AL thought she was younger.
  3. Because AL is old fashioned she didn’t really go into questions about the anal sex- JM asks about who initiated it. She doesn’t know, just that it was uncomfortable. AL says it’s not relevant. JM points out that if it doesn’t feel relevant to her than it’s not relevant?
  4. In her interview with JM, AL misspoke and said Travis requested that it be recorded. They get off on a tangent about how she had this interview in November and then she looked at more data later. JM had a problem with this as she had already come to her conclusion in November that JA was a victim of DV. Back to the sex tape. They argue over whether it’s better to actually hear Travis than just read his texts. AL says: “No.” They fight over secondary gain. When faking the orgasms comes up she drops “Have you seen When Harry Met Sally?” JM points out there is no real way to know if they were faking. JM goes back to how she just jumped to the conclusion that Travis requested the recording showing her bias again. (my feed is cutting out)
  5. Regarding the first sexual contact; oral- JA told AL she was uncomfortable. JM says she seemed comfortable on the tape. AL points out it was 7 months later.
  6. JM says JA has nothing negative in her journals partly due to the Law of Attraction. AL says there are some negatives. JM clarifies there is nothing about any physical abuse. AL agrees. He says : “Nothing about Mr. Alexander ever laying a finger on her-correct?” AL: “Correct.” JM “Nothing about masturbating to pictures of boys?” AL “No.” JM: “But you still believe the defendant?” AL: “Based on other things…”
  7. JM asks about when Travis supposedly hit her the day she was leaving. AL admits she took JA’s word for it. JM goes into Dan Freeman’s testimony where he had a conversation with Travis about how he wanted her to leave and told her to leave. AL says it’s important but there’s no evidence and JM says: “Assume he came into court and said it.” AL admits that if that’s true it would have been important to her but it doesn’t mean there was no DV.
  8. JM goes into the fight before the trip to Havasu (sp) and Alyce does not know who started it. JM compares the journal entry which says the trip ‘didn’t start out very well’ to what Dan Freeman testified to. AL admits (after arguing) she took the journal entry as truthful. JM goes through Freeman’s testimony point by point saying “assume that” after several points proving JA’s journal entry is at the very least, incomplete. It takes a while but AL finally concedes the entry is incomplete.
  9. Regarding AL’s contention that JA has never been jealous. JM gets AL to agree (after arguing again) JA may have left her jealousy out of her journal because it was negative.

10. JM goes through what he refers to as a pattern of jealous behavior with JA’s previous boyfriends- from the phone calls to the leaving food at the door to going to see Bobby on weekends (even though he moved to Oregon) and sleeping in his bed uninvited. AL says she just has a hard time letting go. AL does admit it ‘could be the beginning of a pattern.’ JM brings up her confronting Bianca. AL says they just ‘had a talk’ and that this is not controlling or jealousy.

11. JM brings out an exhibit (I believe the ‘continuum’ she made up). He says that it’s not a pattern of jealousy but it IS A PATTERN OF STALKING!

12. JM mentions the text where Travis says he is ‘exceedingly afraid of her stalking behavior.”

Alyce in Jodi-land

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Points made by the prosecution:

1.  After spending an hour building up AL’s (Alyce LaViolette’s) credentials JM (Juan Martinez) tore them down in minutes. Under cross she became an out-dated (no formal education in more than 3 decades), out of touch (she now lectures about Snow White being battered), under-qualified (because she has no PhD she cannot administer or score tests and is not qualified to diagnose anyone) joke.

2.  AL based her opinions on a 44 hour interview with JA (Jodi Arias) and her Journals. She never spoke to anyone else (just read some other things and watched the 48hrs interview). JM pointed out that despite being paid $250 and hour to read JA’s journals she could not come up with a direct answer without wanting to refer to said journals. He simply asked her if there was anything negative in the Journals about JA and she requested that he show her the journals. She had no problem with questions about the journals with the defense because she was reading directly from them as spoon fed by the defense attorney. In fact the judge actually busted her for reading from the journals directly. Not to mention these journals are just like “Snow White”: fairy tales and this is basically what this expert regurgitated on the stand for 6 days.

3. JM got AL to admit the ‘continuum’ she based her ‘expert’ opinions on was made up BY HER! She even admitted to him that she could alter it at will. When asked if there was any diagnosis for “battered Women’s Syndrome” in the DSM (the ‘Bible” of psychological disease according to the last defense witness) she admitted there is no such thing. (Oh, and if there was she is not a Doctor and not qualified to diagnose anyone).

5. Remember when AL went into great detail to point out that because Travis had come from an abusive family that he would grow up to be an abuser? (And according to her everyone else in that circumstance would unless they received some kind of therapy). Well here is how JM used the Fairy Tale “Snow White” to prove the exact same point about JA:

     -Snow White was abused by her Step-Mom and her Dad did nothing to protect her. JA was abused by both her Mom and Dad and neither protected her.

     -Snow White fled into the woods to get away from the abuse. JA fled to Bobby’s house to get away from her parent’s abuse and control.

     -Snow White ended up in a shack taking care of people. JA moved into one room of a hoarder’s house and she was the only one working and bring the food in.

     -Something bad happened to Snow White (the apple). Something bad happened to JA (Bobby choked her).

 -Snow White becomes unconscious and waits for her Prince. JA starts looking for her Prince. Unfortunately I think her Prince was Travis.

-Doesn’t this then mean JA would grow up to be the abuser according to this expert?

**Mr. Martinez accomplished all this in about 30 minutes.

IMHO: In this version of Snow White the witch was Jodi and the apple she lured Travis with was SEX!

   

 

 

Juror #5 Statement released:

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From ABC news, Shana Druckerman:

 

“In the past few days I have been a part of discussion and interest in the murder trial case of Jodi Arias. For the past three months I have been fulfilling my duty as one of the jurors in the case of Jodi Arias. Jodi Aria’s attorneys have filed a motion asking for a mistrial or that Juror 5 is removed from the jury, which led to my removal.

 

As a juror that has been removed from the jury, I would like to remind everyone that the murder trial case of Jodi Arias is still going on and that the time and money being invested in this trial are more relevant and important than my removal from the jury.

 

Until the verdict in the murder trial case of Jodi Arias is reached I will not make any statements or give any interviews regarding my removal from the jury. I believe that the attention should be focused on the actual trial. I would ask from everyone to please respect my privacy and the privacy of my family.

 

Removed Juror #5 in the murder trial case of Jodi Arias.”

Arias Trial-3/26-summary

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Dr. LaViolette/Jennifer Wilmott (defense)

Still establishing work history:

  1. She has worked with: Police, on a board, Military, and Corporations.
  2. She uses humor to deal with a serious topic.
  3. She faced some discrimination early on partly due to enacting new laws.
  4. She does (and has) always worked with men and women.
  5. In Court: On the Defense side 16 times, prosecution 9. She has turned down cases due to time restrictions- she won’t do a case unless she has the time to do a good job. She has testified 18 times. She has represented men and women. She started on this case in Sept./Oct. 2011 and is paid $250 for research and $300 to testify per hour.
  6. Exhibit- Continuum about DV (Domestic Violence).  About varying degrees of abuse, including verbal and physical. Strong point: There can be an isolated act of aggression even with someone with no history of abuse.
  7. Name calling (she asks if she can swear) ‘Bitch’, ‘Bastard’, swearing.
  8. Character assassination (considered worse) ‘whore’, ‘slut’, ‘ugly’, ‘worthless.
  9. Abusers often were abused themselves when young.

10. Another type of threat (besides killing) is threat of abandonment.

11. Abusers can have fear of being found out, losing their job.

12. Jealousy…abuser doesn’t want you to spend time with other sex, family…

13. Verbal and emotional abuse is much more frequent (weekly) than physical (over months). No magical number as to when it happens.

14. Aggression (like kicking a car), Controlling (calling during the day to see where you are), submitting to sexual acts, checking e-m’s, facebook, gps.

15. Jealousy is a controlling behavior. They control, interrogate, put down friends or family. More extreme: destruction of property- first general (like punching a hole in the wall) then personal (the victim’s property). Sexual abuse, changing the victim’s personality. Occurs over time.  At the end more violent – road rage, bar fight. Lastly Terrorism: extreme stalking, violating protective orders hostage situations monopolization of perception (you see through the perpetrator’s eyes- like subtle mind control (like you get a new job and hey say ‘well I guess they’ll hire anyone. Money, wealth and sex can all effect the balance of power.

16. Threats- to kill self or a well thought out murder (of the victim), torturing pets.

17. Extreme isolation from families, etc. and not talking to anyone about what’s going on. They don’t want people to think they have a bad partner, not being able to write bad things, dismantling the car. Believe what the abuser tells you (like you’re fat…). Your choices and your world are narrowed. The abused does not want to make the abuser lose their job or mar their reputation.

18. Balance of power shifts.

19. You can have a terrorist who never lays a hand on you.

20. Sexual humiliation and degradation. Abused sometimes blame themselves for the abuse.

21. Exacerbating factors (the perpetrator)-your family history (neglect, abuse), previous abusive relationships, substance abuse, psychological issues.

Done with the Continuum!

Afternoon Session:

  1. Has she used the Continuum in court before? Yes…
  2. There is a range of behaviors.
  3. The Continuum was peer reviewed and published.
  4. Batterers instill fear in families and others who care about them.
  5. Most rage aimed at intimate partner, sometimes children. The intimate partner probably won’t tell, and if married may stay. This is why they don’t act out at the workplace. No witnesses.
  6. Intimate violence is the new term.
  7. Asks the Dr. to do a walk through of an abusive relationship. Starts with being in love. First relationship. (Most could live with an abuser for a year…). Dates—meeting family…gets mad…silent treatment…then ok…then gets mad and they call you names…you don’t leave…now you’re more serious with each other… they break something of yours…still don’t leave…now together 1-2 years…another argument, one where you are slapped…are you going to stop loving because they hit you?  Clash of values- I shouldn’t be mistreated but should be compassionate and forgiving…I have made promises in this relationship. This clash can make you stay- there is a possibility of change. Learned helplessness- they feel helpless. Two main reasons they stay- hope and fear. Hope backfires in an abusive relationship. Fear takes longer to develop.  Back to the slap- most still would not leave.  Plus shame attached to those who don’t leave even if they have the financial ability to. Often women in shelters have few resources. Couples without kids still have the emotional bond. Belief systems- women still feel if the relationship fails they fail…men are less likely to stay. Religious beliefs, green card dependent, gay, poor, all could have issues. Difficult to leave. A lot of women have no proof of the abuse or may lie about it. Become more isolated as you feel you can’t talk to people. Self esteem suffers – things they said they would never stand for they now do.  Feel terrible about themselves. Often say they’re not afraid…until abuse escalates. You become another person- even the abuser loses more respect for you. The longer together the more invested you are- buying things together, traveling. Victim blame- why victims tend to be flaky- don’t show up for court, etc…blame selves for being victimized. In sexual assault and DV often the victim is blamed. Batterer will externalize the blame. Abusers self esteem isn’t vey good either though it may not appear that way. Behavioral self blame- you change what you do- don’t smart mouth back. Blame self for car robbery because they left their door unlocked. Character logical self blame- what did I do to provoke it…if I’m a good person why do I get treated this way- what’s wrong with me? Difficult to leave as you’re not worthy, you’re ashamed.
  8. The Hostage syndrome- Stockholm Sweden.  The tellers were held hostage and 2/3 testified for the robbers. First you perceive a threat, the believe it can happen, then it stabilizes- you’re allowed to go to the restroom, so perception of kindness, then monopolization of perception…isolated- then perceive you cannot escape. How it applies to DV situation: Perception of emotional and physical violence. If you have been harmed they are capable of hurting you.  Then there are periods of kindness and good times. Eventually you can stop the hope.
  9. Chronic Apprehension- ‘substance abusers get a break, but those who live with them never get a break’…same with DV. You begin to develop the apprehension because you know it will happen again.

10. The relationship usually starts out good (in DV).

11. Cycle of violence. At tension building phase, then an incident, then the honeymoon phase. Some people never get a honeymoon or it diminishes over time. There is no magic number as to how long these phases last. The incidents escalate in intensity and frequency and the honeymoon can diminish. Normal relationships can also be cyclical but not violent.

12. There’s a difference in the way men and women fear. Women know they’re more likely targets…so more cautious the men who are not that way. TV shows where women are being stalked, DV, etc. It’s more difficult to abuse a man. Unless a woman has a weapon. Women are scared more rapidly and will tend to retain fear and become more cautious.

13. There’s a difference in anger too.  Women are not praised for their anger, unless defending their kids.  What do people call angry women? Men are less harshly judged.

14. Difference in brains too. <Sidebar>

15. Women she has treated tend to over empathize. (Battered men too). Women after a little time will sympathize with their men. It can keep them in a relationship longer.

16. Empathy and brain scans. Women’s brains <Sidebar>

17. Men groups. Goal to change belief systems about using aggression and developing empathy. Empathize for self (when they were children), other men in the group, their children then their partner.

18. Hypothetical- Man who as a boy had extreme neglect, homeless, dirty, parents were drug addicts. He would see/hear violence between Mom and Dad. He would have a number of issues in a relationship. <Sidebar> Though child not hit, still abusive childhood. Child could blame self.  They learn negative coping skills. Sometimes you do what your parents did. When you grow up fearful you grow up fearful. You can still have a successful job, but not relationship. When feeling powerless they will become more powerful, bigger. Don’t have the skills to deal with a personal relationship. Things happening to older kids can be tolerated better.

19. Chronic combat readiness- kids from abuse…you grow up in a basic war zone so you’re hyper vigilant. Operating from their reptilian brain. A lot of bullies come from abusive families. The degree of abuse in the environment will directly effect the degree of severity of abuse later.

Afternoon Break

  1. Regarding victims when they come to testify <Sidebar>
  2. Abused women and whether they seek the police, medical, testify.  Many don’t make police reports. Some change their minds, some follow through. When called to testify many recant. Sometimes it takes a long time to get to court, so some reconcile. They don’t want partner to lose job, have a record, or pay fees/fines, be put on probation, etc. It effects the entire family. About 80% recant. Victim can feel blamed.
  3. Men’s group. She invites the victim (female) for an interview to get a bigger picture. If there’s DV the truth is usually worse than either side will admit. Women tend to be protective.
  4. She won’t counsel couples in DV situations together. That is a conflict. Also safety of the survivor is important.
  5. She looks for the balance of power. While separated she will question them. (I can’t list all of these…she is very wordy! Trust me it doesn’t apply to this case.)
  6. Cycle of violence -1979. The descriptions in the book were extreme. It’s not used as much today because controversy over the honeymoon phase (it doesn’t always happen).
  7. She lists some more current books on DV.
  8. She works with childhood trauma.
  9. Battered women have the full range of family history.  Men abusers tend tom have a violent history or are exposed to DV. Women who come from chronic abuse do tend to repeat abusive relationships. Women generally say emotional/verbal abuse is worse than physical, maybe because it happens more frequently. Hurts worse from someone you love.

10. History of the abuser—mostly it’s exposure. <Sidebar> Children who grow up in an abusive family don’t always grow up abusers…we don’t have all the information…<Objection>

FYI: I left out some case studies and examples because it was just too much!

Tomorrow Court resumes at 10:45.

Arias Trial summary 3/25/13

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Dr. Samuels vs. Juan Martinez

  1. JM brought up the different scores the Dr. had on his PDS. Test. He says he re-did the scoring while he was in Palm Springs and he did not have the original score sheet with him and this was not intended for publishing. (The scores were different). JM calls him ‘sloppy’ the Dr. syas the criteria was met either way.
  2. JM asks if he re-scored the MCMI also- he says: “No”.  Then JM brings out another test and the Dr. has to agree there was a second scoring.
  3. JM brings up the criteria for PTSD, the D section.  He points out PTSD means Post or after the event.  D1 is about difficulty sleeping. D2 is about anger/outbursts.  JM points out JA (Jodi Arias) has had these before the event, and the Dr. is basing this upon a few phone calls to her Mom also based on just her word.  However JM gets in that she was very angry with her mom in her teens and hit and kicked her Mom for no reason. The Dr.says it got worse after the event (again based on JA’s word, JM points out she is a proven liar).
  4.  D3- difficulty concentrating- apparently reading was one example- but JM points out she read the Book of Mormon cover to cover the Dr. says he wasn’t privy to that testimony. Again JM points out this is based on her word. JM points out she also re-read her Journals beginning to end…and does that call this into doubt- Dr. says No. The second example from the Dr. is her trouble with staying on images when she is trying to relax. He does say something about it being difficult because she is in (a loud) jail and JM jumps on this, as it would not then be related to the trauma. JM points out that she had no trouble sleeping though. (Plays a recording with the Dr. actually saying this).
  5. D4-hypervigilance-Dr. says she had trouble sleeping. He does say something about it being difficult because she is in (a loud) jail and JM jumps on this, as it would not then be related to the trauma. JM points out that she had no trouble sleeping though. (Plays a recording with the Dr. actually saying this). Also she felt her personal space was invaded and the sounds and lights were intensified. JM pointed out that could be because it’s her first time in jail. The Dr. admits she had no startle response, but based on his opinion she still meets the criteria.
  6. C7- foreshortened future.  Dr. bases this on her talking to him about suicidal thoughts, though he adds she never had a plan. JM points out according to her Journals she was suicidal three other times- in High School, with Matt and in 2007, all before June 4th.JM also gets the Dr. to admit she has never been on suicide watch and this is all based on her word.
  7. C6- flat affect. Dr. based this on his conversations with her, that when talking about emotional charged events she lacked the corresponding emotions.JM points out in many of her interview- like with the detective and 48hrs she was smiling, laughing and giggling.  The Dr. said it was when describing the crime she had a flat affect. He brings up she made up an alternate universe during the interviews and JM pointed out an ‘alternate universe’ is just another lie. The Dr. said: “in your words”.  The Dr. maintains this universe was a psychological way to dis-associate from the truth.
  8. C5- detachment from others. The Dr. says she is not tuned in to to what’s around her. JM asks about personal relationships. He says she was detached from other cellmates and people in the jail. JM points out this could be as it is her first time in jail. The Dr. says that is ‘your conclusion.’
  9. JM brings up the original report submitted that did not have enough criteria to establish PTSD.  The Dr. claims the omissions are just a typo.

10. C3- inability to recall an important aspect of the trauma.  The Dr. points to the amnesia. JM asks if the fog restricts her recall and the Dr. says yes. JM brings up the Dr.’s meteorite/crater explanation (the meteorite being the stressor and the crater being the PTSD) and points out Jodi has no ‘crater’ that can be measured- no way to see inside her brain to find something wrong. The Dr. argues a bit and finally admits it can’t be measured.

Afternoon Session:

  1. C2- JA did not have.
  2. C1- persistent avoidance of anything associated with the trauma.

JM asks what efforts she took to avoid.  The Dr. says her story (ninjas) was an avoidance technique. JM points out that it was a lie.  The Dr. says it’s a defense mechanism. JM asks: “It is a story?” Dr. “Yes.” JM list the following a as things which show she did not avoid the trauma: The 20 irises to the Grandma, went on 48 hrs twice to discuss the crime, talked with Leslie about her and Travis’s kids playing together, sent a letter to the family, e-m’s to Travis right after the death writing about Travis over and over in her Journal up til the arrest, attending the memorial, driving by the crime scene (I can’t believe he got that in!).  The Dr. fought him on every point saying she was in denial that she did it so she was acting like she didn’t do it.

  1. JM went over the idea that the trauma wasn’t different according to the Dr.  between a Cop, a war vet and JA.
  2. JM gets in that JA was trying to stage the scene ‘is what she told us.’ The Dr. says that is not what she told me.
  3. JM points out that in the e-mail with the ‘3 salacious words’ Travis also said to her he was just a ‘dildo with a heartbeat.’  JM gets the Dr. to agree this sounds like Travis was used for sex.
  4. JM gets the Dr. to admit in ‘flight or fight’ after the winner is determined it is over.  (Unlike this case).
  5. JM straight out accuses the Dr. of not being objective.  The Dr. says he is trained in empathy. They go back and forth.
  6. JM points out that he is supposed to also be trained in accuracy. The Dr. said: “Well absolutely.” But JM brought up all his errors on the test scores- The Dr. still says it was typos.
  7. JM ends by saying the Dr. has ‘lost objectivity’ and the Dr. (loudly) states back : “Absolutely not!”

JW (defense) /the Dr.:

  1. Goes back to the ‘dildo with a heartbeat’ comment and asks the Dr. after hearing the sex tape if he felt Travis was being abused and he said no.
  2. JW goes over the avoidance of things regarding the trauma, like the irises, the Memorial and the nice Journal entries about Travis and the Dr. syas it’s all about avoidance.
  3. She goes into the suicides and tries to get in the letters again, and has the Dr. explain at length what happens to someone under a suicide watch in jail. (As a reason JA never told the Dr. about her actual attempts).
  4. JW talks about the clip JM played about her ability to fall asleep and now points out she had to take tranquilizers for 6-8 months first.
  5. Back to the PDS scoring again…Dr. says despite the different numbers the criteria is still met.

Jury questions: (paraphrased)

  1. In your practice do you offer patients books for free?  Yes.
  2. Have you viewed any media re: this case? I have avoided any contact.
  3. Did JA tell you about buying a gun? No.
  4. A plan with a razor? No.
  5. What’s the difference between covering up and an alternate universe? Covering up is creating an alibi and an alternate universe is a defense mechanism.

JW (defense)/The Dr:

  1. Defense mech. is part of alt universe- yes. Helps with dealing with acute stress. When JA finally told the real story how did she feel? …a weight was lifted.”
  2. JW goes into why JA wouldn’t have mentioned the suicide attempts- due to the harsh actions at the jail under suicide watch.
  3. Has he given books to patients? Yes…

JM /The Dr:

  1. JM takes him to task for all of a sudden knowing so much about what the jail does re-suicides.  He actually corrects the Dr. at one point for having the name of the jail JA is in wrong. He also h=goes back into the Dr. previously saying he gave her the book because she was ‘suicidal’.  The Dr. denies it.
  2. They go back and forth over the self help books being therapy or evaluation. JM says: They’re not for assessment?  Dr: “No.”
  3. JM says: “Covering up involves not telling the truth?” Dr.…”Yes.”

NEW WITNESS: Dr. Alyce LaViolette (and JW-defense)

Basically going over education and Credentials.  Some ‘highlights’:

  1. School in NJ, then AZ, the Ca.  Has a Masters.
  2. Worked in a battered women’s shelter and soon started a men’s group (for the batterers)- a new concept at that time.
  3. Other work: Volunteer work, training, churches, child custody, Domestic Violence, lawyers, speaking engagements from high school to representing the State Department in several countries.
  4. Has her own practice in Ca since 1984 where she counsels singles, couples and groups.
  5. Has been a key note speaker many times.
  6. Has won several awards, including Lifetime Achievement Award.
  7. Published the book: It Could Happen to Anyone” about why women go back to abusers.  This is used as a text in many schools.  She has also written many articles.
  8. She has also done a lot of forensic work (in the courts as consultant and as expert witness). She has worked for both the Defense and the Prosecution.
  9. She has been involved in legislation.

Court begins again tomorrow at 10:30.

Arias Trial-3/21

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I got most of it…

Jury Questions and answers (paraphrased)

1.  Are you only allowed to testify about a client’s situation with their consent? They sign an agreement- the client knows about testifying.

2.  Can both Fight and Flight occur at the same time? Usually first is to flee, but both in this situation.

3.  Can memories blocked in a FF event return over time? Not if there is no stored memory to begin with.

4. How can we be sure …not based on lies…? Tests and 35 years experience with PTSD patients.

5. Did you use hypnosis on #JodiArias to recover her memory? Not to my knowledge.

6. Is it possible the memories do exist during the FF state? (I missed this).

7. Could you not extract some old lost memories with photos and journals? Not first hand memory- and can cause false memories.

8. Is there 100% consensus in your field about the diagnosis? Never 100%…

9. Acute stress is determined within 2 months but you didn’t see her until 6 months after the event..how could you diagnose Acute Stress? She had PTSD at the time (and that’s not a “get out of jail free card”, but it’s connected to PTSD.

10. On what dates did JA take the tests? 12/2009 & 1/2010.

11. Can you be sure Jodi is not lying to you about the events on June 4, 2008? Not 100%..her 2nd story was truthful.

12. Why did you not try hypnosis? …Stress reaction…I’m better trained in PTSD.

13. Regarding June 4, 2008, do you feel JA had suppressed memories or are they missing entirely? I can’t measure that but based on acute stress and memory ..highly unlikely.

14. If suppressed—hypnosis- if not why? Dis-associative  Amnesia  has no memories to bring back.

15. As a professional what steps do you take to assure yourself that someone has truly lost or suppressed their memory as opposed to lying about the event? No way to be 100% sure it’s dis-associative amnesia..but in all reasonable probability…30% of people convicted of crimes claim amnesia.

16. Do you feel it is possible for an individual to fool professionals that someone is suffering from PTSD or Dissociative Amnesia? After a thorough evaluation…reviewing crime scene photos, re-interviews, ..feeling she was truthfull…and testing. I’m pretty confident.. acute stress and D. A. Amnesia.

17. To your knowledge was JA tested more than once on any given test? (I missed)

18. When you meet with someone can you tell if they’re telling the truth? You need corroborating info.

19. You stated she never said a negative thing in her journal yet she made negative statements about suicide and Travis making her sick… Do you consider those positive statements? They’re mild compared to the rest of the Journal.

20. Are there other disorders in the DSM-IV book that list similar symptoms? Some overlap with Acute Stress.

21. Is there any science to explain why some people can recall events and others cannot when involved in a stressful moment? Not everyone reacts to stress the same way.

22. How do you ask your questions when interviewing an individual? Do you ask leading questions? There are times you ask directed questions..but mostly just let them speak.

23. You previously said 3-8 out of 1000,000 then later said 3-8%??  It’s 3-8 cases a year.

24.  TGA (Trans-Global Amnesia)- from sex, water…how about from a bad haircut?  No…

25. Is JA taking medication to treat this terrible PTSD? Tranquilizers, Anti-Depressants…depends on symptoms….I am not involved in treatment.

26. Regarding articles- decision making process breaks down- then how did she get so much done?  Acute Stress..you can see a weapon, but not plan.

27. Did you diagnose any conditions not covered in testimony? Anxiety…Personality Disorder- not specific.

28. Are your opinions based what a patient tells you? Not solely-interviews, crime scene, reports.

29. In extreme shock..can brain still function to make rational decisions? Yes, but not always rational…in this case a camera..<Objection>

30. Intrusive thoughts- what are actors? I was referring to the story changed – 2 people one set of actors the  Travis attacking- second set.

31. Regarding the tremors, how can you tell it’s caused by PTSD rather than fear of herself being found guilty?There are other physiological changes- sweaty hands, shaking.

32. Did you see JA shaking before she ever mentioned it to you?
Is there a diagnosis for selective amnesia? Not initially- I was behind a partition and couldn’t see her hands.

33. Actors..when the hypocampthus (sp) ..are you on autopilot? Yes, not rational, disorganized, poorly planned…

34. Can actors be the opposite- brain choose? Not when overwhelmed- on Auto.

35. When in the process of killing someone – fight/flight vs. premeditated…in a crime scene? <O>  Yes or No? possibly adrenaline would increase possible- yes, probable-no. If not- why?  People are different.

36. Is there a diagnosis for selective amnesia? No.

37. Would you continue to help a person who’s been lying..for 2 years? No.

38. Why didn’t you re-administer the test once JA admitted to killing Travis? I reviewed it and the score would not have changed- only the stressor changed.

39. It seems 25-30 hours is inadequate to diagnose someone who killed another person. Wouldn’t you agree? No – typically takes 6-7-10-12 hours. Beyond 20-30 the nature of the relationship tends to change.

40. Wouldn’t adrenaline output increase in someone who was committing premeditated murder.  (?)

41. Is the MMPI test utilized for anything other than therapy like job requirements? That’s very controversial…I think violates right of privacy.

42. Regarding JA’s diagnosis for PTSD when did you catch the errors in your report? Nov/Dec – so I corrected.

43. Do you feel those were big errors? They were little errors…typos.

44. You said on re-direct that JA remembers before the attack and after? Therefore she would remember cleaning up, deleting details and putting the gun in the car? Correct? No details of the trauma.

45. Can the acute stress occur if someone plans to kill vs defending themselves when in danger? A planned homicide-<O> possible, not probable.

46. Do you often make mistakes in your reports when you do evaluations? No.

47. Where was she when coming out of fog?  Check Point at Hoover Dam.

48. You have issues with omitting/forgetting info..do you feel you need an accurate report for a trial? Yes.

49. Why didn’t you complete a new PDS when JA changed her story? PTSD answers …test results would not change.

50. Do you consider yourself impartial third party? Yes.

51. Do you always develop such a fond relationship with those you evaluate? I wouldn’t define it as fond…impartial.

52. Do you still think it was appropriate to purchase a gift for JA? Not unethical…I’m compassionate.

53. Regarding the D2 criteria- was this the phone call from her Mom? Not about one phone call, she was frequently angry with her Mom.

54. Would anyone with trouble with parents over the phone meet that criteria? Her Mom became her target.

55. Do you think that someone that was able to confront their boyfriends about cheating displayed assertive behavior? She was assertive at the moment, but not assertive with Travis.

56. Do meds cause any of the various amnesias you described? Yes.

57. Since you didn’t meet with Jodi until Dec 2009, isn’t it fair to say you are not 100% sure she suffered from Acute Stress? That’s correct.

58. Under cross examination you admitted Jodi having Anal was relevant…then later stated it wasn’t.  How do you account for this inconsistency? Anal with two other botfriends is not relevant, but the amount with Travis is.

59. Does it raise a red flag when a patient changes their story? yes- it always raises a red flag. The first story was a psychological reaction in an attempt not to deal with it. I first considered a multiple personality disorder.

60. Sending a self help book seems like it would help the success of therapy but not an evaluation, would you concur? I remembered that book…can help with self-esteem and dealing with reality.

61. You said on redirect that if someone is making up a story, their story tends to be consistent. Is that correct? A made up story- yes, from a script- like the one in her (48 hrs) interview.

62. If so, if JA is making up a story currently, wouldn’t it make sense that her story is consistent? Her story now is consistent but with added details each time.

63. Who conducted the interviews with JA’s family/friends? Defense attorney.

64. Validity scores on the PDS – are JA’s scores out of the normal range? No.

65. What are your code of ethics/guidelines if someone appears suicidal or a danger to themselves? Inform the closest people but she had no suicide plan and by the time I got to her she was not suicidal.

66. Regarding Jodi being tied up with hands and feet…was this the day of the killing? June 4? Yes.

67. Why do you believe JA’s self esteem was very low when she was with Travis? From her Journal and what she put up with- going back to him after abuse.

68. In your years of experience, wouldn’t you say low self-esteem is normal in the general population? It’s not normal, it’s reasonably common…it limits a person’s ability to make a mark in this world, so I would not call it normal.

69. How do Jodi’s test results go toward her diagnosis of PTSD if she was still telling the intruder story at the time of the test? My diagnosis of PTSD was based upon the fact that she met the criteria listed in the DSM .  The tests …confirmed my selection.  But the diagnosis could have been made without the tests.

70. Within the norm population used for a given test, if a segment of those individuals were to lie, could that cause a loop-hole, for lack of a better term in that test that could possibly allow a client taking that test to lie without detection? If the validity scales on the tests were created with a group of people who lie  regularly it would certainly skew the results. The PDS test does not have a validity scale built into it. The MCMI does. But that is based upon thousands of individuals taking the test and what is known about those individuals…the built in scales are a pretty good determiner of …lying on that test.

71. Is there an assumption that those in the norm population are answering truthfully? Yes.

72. Isn’t it possible that a hypothesis formulated early on could skew results when the tests are evaluated by the same individual that formed that hypothesis? If the individual wasn’t a trained psych…it’s possible, but..the MCMI test was scored by a computer. (He says he prefers computerized scoring). Serves as a second opinion. He hand scored the PDS and pointed out Jodi put in the numbers- he adds them up.

73. Could that hypothesis affect or color how the evaluator reads or interprets tests, answers in interviews, interprets crime scenes, etc.? A hypothesis..is constantly changing based upon additional information. (Talks about therapy). In evaluating you may have an initial hypothesis which may guide you to the tests to take. A professional has to be willing to change their hypothesis.

74. Based on the Dissociate Amnesia article, would you agree that 3 – 8 people out of 100,000 people studied is a very minute number? Actually refers to TG Amnesia article. <O>

75. Regarding the fight/flight response by Jodi on June 4, was there ever any discussion between you and Jodi regarding her response and why she did not flee from the bedroom? She told me she did try to flee, and at some point she needed to protect herself…

76. Is it your normal practice to fill out the answers on the questionnaire for those you are evaluating? Sometimes I may do that and sometimes not. In this…case I filled it out.

77. Do you have any concerns with errors or incorrect answers? No, my work was checked several times.

78. If a patient you saw consistently lied and kept to that story, then answered a test or series of questions based off of the story the client believed, how could that test reveal they are lying, especially if that person remained consistent within that series of lies? If talking about PDS test that result is not based upon the actual nature of the trauma…it’s somewhat irrelevant as to the exact nature of the stress…

79. You stated that Jodi answered number 13 on the PTSD test the way she did because of repeated physical and emotional abuse by Travis and she explained this to you in your session after she took the test. When she took the PDS test, wasn’t she still telling the intruder story and had not told her story about Travis’s abuses yet? Yes/No she told me about the abuses early on but not the actual incident of the killing.

80. Are questions numbers 16-21 on the PDS test based on the event listed in question #14 in the timeframe in question #15, which would be the intruder story, from 6 months to 3 years ago? Yes that’s true.

81. If yes, this event never happened so those answers (#’s 16-21) are based on a fictitious story. Is that correct? That is correct.

82. Are these questions (#’s 16-21) part of the overall score to determine whether Jodi has PTSD or not?

83. Do you feel comfortable with diagnosing a person with a condition if they continually lie to you hypothetically speaking?

84. Regarding question number 29 on the PDS test, not being able to remember an important part of the traumatic event, Jodi scored this a 1 – indicating this doesn’t bother her often. Consider that she killed Travis and claims significant memory loss during the event, doesn’t it seem inconsistent this wouldn’t bother her significantly?

85. Given that the Time article mentioned that homicide suspects have reported memory loss, is it possible that a person can plan and carry out a murder and still suffer memory loss, ASD, or PTSD?

86. Even if intentional, isn’t it possible the event would still be considered stressful?

87. If Jodi was in fight or flight mode when she ran out of the bathroom, why would she run out of the closet and corner herself? She said she did try to flee but then had to fight.

88. Wouldn’t someone in fight or flight mode want to get away from the danger? (yes)

89. Would they want to get help from someone? no one there to call to…

90. Are you able to state that Ms. Arias had either PTSD or ASD before the incident on June 4 2008?

91. Would someone who plans to kill another and does be less likely to suffer acute stress than someone who kills an individual accidentally?

92. Is it possible that Jodi didn’t write negative things about Travis because there was nothing negative to write?

93. If one has suppressed feelings repeatedly would it be a natural reaction once the dam breaks, for example a gun shot that hits Travis, for all this repressed feelings to express themselves and carrying that violence to the extreme overall of stab wounds?

94. If something is premeditated is amnesia more or less likely to occur? (I think this was objected to, or he may have said less).

95. If Jodi had no control of her mind then how do you explain her dragging Travis’ body and trying to clean up the crime scene? (I believe he mentioned adrenaline).

96. Earlier you said you didn’t re-test because it was an oversight, today you said the score wouldn’t have changed. Which is it? (score would not change).

97. How can you be sure that JA did things to please Travis when you didn’t have a chance to speak to him? (Journals, going back to him).

98. How do you know she didn’t kill Travis out of jealousy?

99. Is it possible that a person can plan and carry out a murder and still suffer memory loss, acute stress disorder or post traumatic stress disorder?

100. Wouldn’t someone in fight or flight mode want to get away from the danger?

101. Regarding the fight/flight response by JA on June 4, was there ever any discussion between you and JA regarding her response and why she did not flee from the bedroom?

102. Do you feel comfortable with diagnosing a person with a condition if they continually lie to you, hypothetically speaking?

103. Can an initial hypothesis affect a later diagnosis? As professionals it should be flexible..

104. Is it your normal practice to fill out the answers on the questionnaire for the patient? Sometimes, I do.

105. Did she have Acute Stress Disorder or PTSD, BEFORE she killed Travis? I don’t know but most of her symptoms happened after the killing.

106. Did JA ever talk about her symptoms appearing before June 4 2008? I don’t know but most of her symptoms happened after the killing.

Jodi Arias Trial 3/19 summary

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Morning Session:

Dr. Samuels (S) is on cross

  1. JM (Juan Martinez) is pointing out all the lies JA (Jodi Arias) told him: she said she only had Anal sex with Travis (we know she had it at age 17 with Bobby and also with Derald later), she told the doc she was uncomfortable with Oral sex but started having it at age 15 and had it through her relationships over many years, she said Travis had many pictures of women’s breasts on his computer but no such images were ever found. The Doc implies these lies were not important to the case.  JM points out the fact she’s lying to him should be important in his assessment.  The Doctor even wrote an addendum to his original report where he could have corrected these mis-statements but he did not- he said he just answered what he was asked for on the addendum (by the Defense). JM also mentioned the lie about Travis being the one who wanted pictures in the shower. She also told the Doc that Travis grabbed her (sweater) in the closet then she grabbed the gun (that was on a recording).  The Doc also admitted she implied Travis was shot in or around the closet.
  2. THE TESTS:  JM goes through all the test answers and points out they were all based on her lie about the intruders killing Travis.  The Doc says it is still based on trauma.  JM asks if he is speculating and he says (eventually) that he is. The test the Doc gave is the MCMI which is supposed to be used for psych patients in therapy, not the general population.  Still her rating on the test was 69 and the cut off for determining any diagnosis is 75 points, implicating she does not score high enough for PTSD on this test.  The Doc says you cannot base it on one number but JM points out that that is the number indicated on her test. (JM implies he should have given her the MMPI test which is used for the diagnosis of the general population as well as others). JM reads from something stating the MCMI test should not be used as an assessment in a court case.  The Doc asks what JM is reading from and JM answers something like: “You understand I ask the questions ?” Doc: “Yes.”

Afternoon Session:

Dr. Samuels cross cont.

  1. JM agues with S over the use of the MCMI test as it is for psyc patients, not general population.  S disagrees.
  2. JM goes into a hypothetical about a cop and a knife/shooting and the chart S drew regarding amnesia.  They argue about whether the cop (with amnesia) would remember anything at the time of the amnesia.  S is not concrete on this.
  3. They argue about whether she is assertive. JM reminds the Doc that he never spoke to her friends or family.  What he says is based on JA and her Journals. JM also brings up in her Journal about how when she says she is not sure about ‘that boy’ she was referring to what she says directly after about his feelings towards families.
  4. S can’t recall what events (pedo and broken finger) happened before she        wrote ‘nothing worth writing about’ in her journal.
  5. The Doc’s original report on her qualifications for PTSD in the DSM are actually missing some requirements. JM asks him if this does not fit the diagnosis for PTSD and he says: “Correct.”

JW (defense) & Dr. S:

  1. She basically is trying to clear up the “Typos” from the report just mentioned.  He now has a new worksheet which adds several more of the requirements to qualify JA for PTSD.
  2. They go over the amnesia including his drawing.
  3. She tries to qualify his use of the MCMI.
  4. JW asks why he does not use a recording.  S explains that patients are more forthright without it.
  5. The Doc says Anal sex has nothing to do with his diagnosis.
  6. JM implies the pictures of breasts could have been on another computer.
  7. S explains that he often gives out self help books.
  8. S repeats JA is not assertive.
  9. They go over the day of the murder.  JW has the Doc repeat 3 times the scenario according to JA and his notes.  There are 2 new things- Travis pulling on a sweater and her running down the hall after shooting him.

Trial begins tomorrow at 1.